William Honner as Trustee for Sale of 8 Saiala Road, East Killara NSW 2071 v Chow [2023] NSWSC 1346

Supreme Court New South Wales

Medium Neutral Citation: William Honner as Trustee for Sale of 8 Saiala Road, East Killara NSW 2071 v Chow [2023] NSWSC 1346 Hearing dates: 8 November 2023 Date of orders: 8 November 2023 Decision date: 08 November 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Notice of Motion filed by Joyce Hoi Zee Au dated 2 November 2023 is dismissed. 2. Order pursuant to rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) that the Defence filed 27 September 2023 be struck out. 3. Judgment for the plaintiffs for possession the whole of the land comprised in certificate of title folio identifier B/381023, being the land situated at and known as 8 Saiala Road, East Killara NSW 2071. 4. Leave is granted to the plaintiffs to issue a writ of possession forthwith such writ not to be executed prior to 31 January 2024. 5. Order that the defendant is to pay the plaintiffs' costs of the proceedings. 6. The applicant Joyce Hoi Zee Au is to pay the plaintiff's costs of the notice of motion. Catchwords: LAND LAW – possession of land – entitlement of trustees appointed pursuant to s 66G of the Conveyancing Act 1919 – where defence by other former registered proprietor discloses no defence to claim for possession - application by occupier claiming to have expended money on property – no interest shown to be joined as a defendant to possession proceedings – application dismissed – defence struck out Legislation Cited: Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arrow Custodians Pty Ltd v Pine Forests of Australia Pty Ltd (2008) NSWSC 839 Foundas v Arambatzis (No 3) [2020] NSWCA 87 Texts Cited: Nil Category: Procedural rulings Parties: William Honner as Trustee for Sale of 8 Saiala Road, East Killara NSW 2071 (First Plaintiff) Andrew John Scott as Trustee for Sale of 8 Saiala Road, East Killara NSW 2071 (Second Plaintiff) Pui Ling Chow (Defendant) Representation: Counsel: D F Elliott (Plaintiffs) J Hoi Zee Au (Defendant) J Hoi Zee (in person as Applicant on the Motion)